Hargrove

Judgment was entered in the court below in favor of defendant. Plaintiff has appealed from the judgment and from an order denying its motion for a new trial. The judgment was entered on the twelfth day of August. 1897, and the notice of appeal therefrom served *386 August 2, 1890; therefore this court will not entertain the appeal from the judgment. The order denying plaintiff’s motion for a new trial was made and entered June 6, 1899, and notice of appeal from this order served August 2, 1899. The appeal from the order denying the motion for a new trial was taken within sixty days after the order, and it makes no difference that the time for appealing from the judgment has elapsed. The motion for a new trial, under our code and practice, is a proceeding independent of the judgment, and the motion may be granted, even after the judgment has been affirmed on appeal: Brison v. Brison, 90 Cal. 327 , 27 Pac. 186 . Upon an appeal from an order denying a motion for a new trial, we may consider whether the evidence is sufficient to sustain the findings and errors of law, if any, occurring during the trial: Brison v. Brison, 90 Cal. 329 , 27 Pac. 186 ; Riverside Water Co. v. Gage, 108…